Wilkins v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at Jude Term, 1912, of LeNOIK., Civil action. Tbe action was instituted for tbe recovery of $4.85 damage to a keg of syrup shipped from Bamburg, South Carolina, to tbe plaintiff at Kinston, North Carolina, and for $50 penalty for failure to pay tbe claim within tbe time allowed by statute.
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Appeal by defendant from Allen, J., at Jude Term, 1912, of LeNOIK., Civil action. Tbe action was instituted for tbe recovery of $4.85 damage to a keg of syrup shipped from Bamburg, South Carolina, to tbe plaintiff at Kinston, North Carolina, and for $50 penalty for failure to pay tbe claim within tbe time allowed by statute. Tbe defendant denied liability and denied that tbe claim was ever properly filed, or that claim was filed within tbe time allowed by tbe contract or by law. On tbe trial plaintiff testified in bis own behalf in substance as follows: “I bought 10 gallons of an especially…
1Opinion of the CourtHoke, J.
Section 2634, Eevisal, in effect provides tbat every claim for loss or damage to property in shipment by a common carrier shall be adjusted as to intrastate shipments within sixty days from time of filing same with, tbe company’s agent and witbin ninety days in case of shipments from without the State, under penalty of $50 for “each and every such failure,” and with jiroviso that the penalty is not enforcible unless the party aggrieved in his action shall recover the full amount of the claim. Defendant resists recovery:
1st. Recause the amount of the claim should be reduced by the value of the…
2Cases cited3 opinions
- Thomas, Badgley & Wentworth Manufacturing Co. v. Wabash, St. Louis & Pacific Railway Co.Wisconsin Supreme Court · 1885
- Brand v. WeirAppellate Terms of the Supreme Court of New York · 1899
- Kime v. Southern Railway Co.Supreme Court of North Carolina · 1911
3Cited by7 opinions
- Baldwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Biltmore Manufacturing Co. v. Overnite Transportation Co.District Court, W.D. North Carolina · 1958
- Schloss v. . R. R.Supreme Court of North Carolina · 1916
- Whittington v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Schloss-Bear-Davis Co. v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1916
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